Foland v. Jackson County

Petitioner Oregon Department of Transportation (ODOT) seeks judicial review, and respondent Paul Foland cross-petitions for judicial review, of an order of the Land Use Board of Appeals (LUBA) in which LUBA remanded Jackson County’s decision approving ODOT’s application to site an interstate highway rest area and welcome center on land that is zoned for exclusive farm use and is approximately 500 feet south of the urban growth boundary of the City of Ashland. We reject without discussion Foland’s seven assignments of error on cross-petition. We write only to address ODOT’s sole legal…